DIRECTV, INC. v. WILSON

The opinion of the court was delivered by: JOHN GRADY, Senior District Judge

MEMORANDUM OPINION

Before the court is defendant Randy L. Wilson's motion to dismiss
Counts III and V of the complaint pursuant to Federal Rule of Civil
Procedure 12(b)(6). The motion is granted for the reasons explained
below.

We agree with the majority of judges in this district that there is no
private right of action under § 2512, and we adopt the analysis of
Judge Lefkow in Maraffino, 2004 WL 170306, at *1-3. Accordingly, Count III of the complaint will be dismissed with
prejudice.

We believe that because Directv is not alleged to have been deprived of
the continued use of its satellite signals, nor are the defendants
alleged to have assumed full control of those signals, plaintiff has
failed to state a claim for conversion. On this issue, we again adopt the
analysis of Judge Lefkow in Maraffino, 2004 WL 170306, at *4.
Accordingly, Count V of the complaint will be dismissed with prejudice. CONCLUSION

For the foregoing reasons, defendant Randy L. Wilson's motion to
dismiss Counts III and V of the complaint is granted. Counts III and V
are dismissed with prejudice.

Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.

Buy This Entire Record For
$7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.